North American Digital Copyright, Regional Governance and the Potential for Variation.

摘要

This dissertation proposes an historical-institutionalist framework for understanding regional governance issues in general and North American governance in particular. Using digital-copyright reform as a test issue, it demonstrates that regional institutionalization can preserve differences and does not necessarily lead to regional policy convergence. This conclusion emerges from historical institutionalism's focus on understanding the interaction of the policy-relevant ideas, institutions and interests shaping a region, no matter on what "level" they may be located. Regional governance processes must be understood within their own particular historical contexts. This approach allows the researcher to account for relevant influences that are either downplayed or ignored in other approaches to regionalism.;With respect to copyright, this dissertation finds that U.S. digital-copyright policy is shaped decisively by its own domestic ideas, institutions and interests, with international and regional factors playing a minimal role. For Canada and Mexico, while the United States has attempted to influence copyright reform in its neighbours, both countries' copyright policies continue to be influenced significantly by domestic factors, and both countries continue to display significant copyright-policy autonomy. U.S. ability to influence its neighbours is constrained by the North American Free Trade Agreement's (NAFTA) guarantee of market access, which limits the U.S. ability to link copyright reform to improved access to its market, suggesting that NAFTA's rules play a role in maintaining policy autonomy and reducing the potential for policy convergence.